Terms & Conditions

General Terms & Conditions          Product and Services Terms & Conditions

General Provisions

THESE TERMS AND CONDITIONS, TOGETHER WITH ANY SUPPLEMENTAL TERMS, CONDITIONS, OR RULES POSTED TO A SPECIFIC AREA OF THIS SITE (“TERMS”), SET FORTH THE LEGALLY BINDING TERMS GOVERNING YOUR USE OF THIS SITE.

    By entering this Site, you acknowledge and agree to all terms, conditions, and rules stated in these Terms. You are not permitted to use this Site if you do not agree to be legally bound by these Terms. Please read these Terms carefully.

    We may, in our sole discretion, modify these Terms from time to time and we reserve the right to make changes at any time, without notice or obligation, to any of the content and information contained on this Site, including but not limited to specifications, materials or other product or service features. By entering this Site, you acknowledge and agree that you shall be bound by any such revisions. We suggest periodically visiting this page of the Site to review these Terms.

Jurisdiction

    Honda Aircraft Company (Honda Aircraft) makes no representations that the information and materials contained within this Site are appropriate for locations outside the United States. By entering this Site, you acknowledge and agree that, unless otherwise expressly stated, this Site is intended for use within the United States only and will only be governed according to United States laws and regulations. If you use this Site from other locations, you are responsible for compliance with any and all applicable local laws.

Intellectual Property

    Honda Aircraft will aggressively enforce its intellectual property rights to the full extent of the law. All images, text, sound, photos, custom graphics, button icons, the collection and compilation and assembly thereof, and the overall “look and feel” and distinctiveness of the Site constitute trade dress and are either the property of Honda Aircraft or used on this Site with permission. The absence on the Site of our name or logo does not constitute a waiver of our trademark or other intellectual property rights relating to such name or logo. All other product names, company names, marks, logos, and symbols appearing on the Site may be the trademarks and the property of their respective owners.

    You acknowledge and agree that information and services available on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws and are owned or licensed by Honda Aircraft. Except as expressly authorized by Honda Aircraft, either in these Terms or elsewhere, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the System, information, or services. Without waiving any of the foregoing rights, you may print or download information or products from the Site for your own personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices. Systematic retrieval of information or services from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Honda Aircraft is prohibited.

Disclaimers

    This Site, and all information and materials contained herein, is provided to you on an "AS IS" and “AS AVAILABLE” basis and AT YOUR OWN RISK TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. Although the specifications, features, illustrations, equipment, warranties, and other information contained in the Site are based upon up-to-date information, and while Honda Aircraft and all parties involved in creating, producing, or delivering this Site make all reasonable efforts to ensure that all material on this Site is correct, accuracy cannot be guaranteed. We disclaim all warranties, whether express or implied, including without limitation, any implied warranties of title, merchantability, non-infringement, and fitness for a particular purpose and all warranties regarding security, currency, correctness, quality, accuracy, completeness, reliability, performance, timeliness, or continued availability with respect to this Site. We expressly disclaim any warranties with respect to any downtime, delays or errors in the transmission or delivery of any information, materials, or services through the Site. To the extent any jurisdiction does not allow the exclusion of certain warranties, some of the above exclusions do not apply.

Liability

    By using this Site, you agree that none of the parties involved in creating, producing, or delivering this Site is liable for any direct, incidental, consequential, indirect, or punitive damages, or any other losses, costs, or expenses or any kind (including legal fees, expert fees, or other disbursements) which may arise, directly or indirectly, through the access to, use of, implementation of, or browsing of this Site or through your downloading of any materials, data, text, images, video, or audio from this Site, including but not limited to anything caused by any viruses, bugs, human action or inaction, or any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures, or delays in computer transmissions or network connections.

General Product Information

    This Site provides information, including but not limited to product specifications and basic company information for informational purposes only, and nothing contained herein constitutes financial advice or an offer to sell or finance a specific product or service to you unless otherwise expressly acknowledged and apparent from the particular content.

    This Site shall not be used or relied upon by you as a substitute for information that is available to you from a third-party advisor or from an authorized HondaJet dealer.

General Submissions

    You agree that you will not post on this Site, or transmit to this Site, any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful, or other material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Notwithstanding the fact that Honda Aircraft or other parties involved in creating, producing, or delivering this Site, may monitor or review transmissions, postings, discussions, or chats, Honda Aircraft and all parties involved in creating, producing, or delivering this Site, assume no responsibility or liability that may arise from the content thereof, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation. By entering this Site, you acknowledge and agree that any communication or material you transmit to this site or Honda Aircraft in any manner and for any reason, is subject to review and removal, and will not be treated as confidential and/or proprietary to you, unless otherwise expressly stated in a particular area of this Site or in our Privacy Policy. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to Honda Aircraft may be used by Honda Aircraft anywhere, anytime, and for any reason whatsoever.

Careers

    This Site offers job opening information across many U.S. Honda entities and provides mediums for you to apply and submit your resume. You understand that nothing contained herein constitutes an offer of employment by any Honda entity.

Privacy & Security

    Our Privacy Policy is incorporated into these Terms. You acknowledge that the requesting URLs of the machine originating the request and the time of the request are logged for access statistics and security purposes and agree that your use of this Site constitutes consent to such monitoring. To access portions of this Site, you are required to obtain a user name and/or password. In such cases, you are responsible for maintaining the confidentiality of any such user name or password and are fully responsible for all activities that occur under such name and password. You understand that you can help protect your user name, password, and personal information by logging out of password protected Web pages before you close your browser. You agree to notify us immediately of any unauthorized use of your user name or password. Honda Aircraft maintains exclusive control of access and right of access to this Site. You understand and agree that we reserve the right to revoke your registration at any time without notice or cause of action for any reason whatsoever.

Links

    This Site may contain links to or be accessed through links that are owned and operated by independent third parties such as authorized HondaJet dealers. We provide links as a convenience, and the inclusion of the link does not imply that Honda Aircraft endorses or accepts any responsibility for the content on those sites. Honda Aircraft is not responsible for content, including but not limited to advertising claims, special offers, illustrations, names, or endorsement, or the availability, operation, or performance of authorized HondaJet dealers or any other sites, to which this Site may be linked to or from which this Site may be accessed. Further, Honda Aircraft is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. Your linking to any other off-site pages or other sites is at your own risk. We recommend that you review any terms of use statement and privacy policy before using any other linked site.

HondaJet Shop eStore

    HondaJet Shop eStore is developed and supported by Honda Aircraft to assist consumers in purchasing HondaJet merchandise directly from Corporate Imaging Concepts, using the convenience of the Internet. You understand that when you purchase an item on HondaJet Shop eStore, you are purchasing from Corporate Imaging Concepts and not from Honda Aircraft. Corporate Imaging Concepts determines its own pricing and from time to time may offer discounts on select items.

    Honda Aircraft Company, P.O. Box 35808, Greensboro, N.C. 27409.

 

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Honda Aircraft Company, LLC

General Terms and Conditions of Products and Services

The following General Terms and Conditions of Products and Services shall govern all purchases of supporting products and services by Customer from Honda Aircraft Company, LLC (“Honda Aircraft”), unless otherwise agreed upon in writing signed by Customer and by Honda Aircraft.

  1. DEFINITIONS
    1. Honda Aircraft refers to Honda Aircraft Company, LLC having a principal place of business at 6430 Ballinger Road, Greensboro, NC 27410, USA. The Products and Services mentioned herein will primarily be sold, offered, performed, or subcontracted by the customer service division of Honda Aircraft Company, LLC.

      Customer refers to the party that purchases Products and/or Services from Honda Aircraft.

      Product(s) are all the goods offered or supplied by Honda Aircraft, including but not limited to, aircraft parts, machinery or equipment, tools, accessories, printed material (manuals, drawings, etc.), web portal access, or any electronic data displayed and/or downloadable via the portal or transmitted electronically.

      Services are any work offered or performed by Honda Aircraft, or any third party subcontracted by Honda Aircraft, including but not limited to, repairs, servicing, subscriptions of printed or electronic material, renting or loaning equipment, storing/warehousing or logistical arrangements.

  2. ACCEPTANCE TO TERMS
    1. These General Terms and Conditions of Products and Services shall apply to any offer, quotation, purchase, order, work order, or contract (notwithstanding the title of such agreement) relating to the sale of Products or Services to Customer, except for any Products or Services provided by Honda Aircraft pursuant to any separate written agreement, service plan, warranty plan, or purchase plan (the terms of which shall control). No order placed with Honda Aircraft shall be considered as accepted until officially acknowledged by Honda Aircraft. Honda Aircraft expressly objects to any terms or conditions in Customer’s purchase order, quotation or other documents modifying the General Terms and Conditions of Products and Services. Any such modifications will not be binding unless signed by Honda Aircraft. Issuance of a purchase order shall not represent acceptance of any terms or conditions previously specified by Customer in any request, correspondence, or otherwise, except to the extent that the same shall be in accordance herewith. Receipt of the Products or Services by Customer, or any agent, representative, or designee of Customer, shall constitute the Customer’s acceptance of Products and/or Services, regardless of whether Customer has purported to object to or to reject any or all of the items contained within these terms and conditions. In all communications, Honda Aircraft and Customer may employ their forms, including but not limited to purchase orders, confirmations, or other correspondence between the parties, but nothing in those forms or correspondence will be construed to modify or amend these terms and conditions, and, in the case of any conflict, Honda Aircraft’s General Terms and Conditions of Products and Services will control.

  3. PRICES
    1. All prices are in United States Dollars, exclusive of all taxes and duties. Product pricing for orders shall be current published price at time of order or as otherwise specified on order confirmation or quotation. Quotations by Honda Aircraft will only remain valid for the period indicated on the quotation. However, published prices are subject to change at any time. Honda Aircraft may apply a minimum order value of $100 and/or a minimum order quantity.

  4. TAXES
    1. Customer is responsible for all taxes, duties and any other related charges, including but not limited to interest and penalties arising from the sale, delivery, or use of the Products and Services. If Honda Aircraft is required to pay any such charges directly to a government authority, Customer will reimburse Honda Aircraft promptly upon request. Customer may provide Honda Aircraft with a tax exemption certificate from the appropriate taxing authority to apply to applicable transactions.

      Special Terms and Conditions for Shipments of Products and/or Services out of Florida:

      Florida State Tax does not apply to Products and/or Services imported, produced or manufactured within the state of Florida for export. Honda Aircraft and Customer’s intent to export Products and/or Services is insufficient to establish that Products and/or Services are not subject to tax in Florida.

      Under Florida State Law, Products and/or Services are considered to be imported, produced or manufactured for export only if the importer, producer or manufacturer:

      1. Either delivers it to a licensed exporter for exportation a common carrier for shipment out-of-state; or,
      2. Sends it by U.S. mail to an out-of-state destination.

      Under Florida State Law, Honda Aircraft is not required to collect tax if:

      1. Honda Aircraft commits the property to the exportation process at the time of sale; and,
      2. The exportation process remains continuous and unbroken until the property is exported from Florida. (Note: Delivery of Products and/or Services to a location in Florida for subsequent export from Florida is insufficient to establish documentary evidence that the property sold was irrevocably committed to the exportation process.)

  5. PAYMENT TERMS
    1. Payment terms are Payment In Advance in United States currency to Honda Aircraft, unless Credit Terms are approved through Honda Aircraft’s Customer Service Finance department or other terms of payment are expressly agreed to in writing by Honda Aircraft. Honda Aircraft may require payment in advance of all costs associated with transactions including but not limited to transportation charges, core fees, and administration fees. All payments made are subject to verification of receipt prior to releasing any Products or providing any Services. If any other related charges should arise post-transaction, Honda Aircraft will invoice Customer and Customer will arrange immediate payment without any deduction. The withholding of any payment or set-off against Honda Aircraft is not permitted. In the event any invoice remains unpaid for more than fifteen (15) calendar days after the date such invoice is issued, a collection cost of eight percent (8%) per annum or the maximum legally allowed percentage will be applied in addition to other applicable collection costs, including but not limited to collection agency fees, attorney fees, liens, and court fees. If necessary and allowable by law, Honda Aircraft reserves the right to file a lien (mechanic, part, or aircraft) with a government entity on Products or Services performed.

  6. DELIVERY, EXECUTION AND ACCEPTANCE
    1. Delivery terms are Ex Works (Incoterms 2010), Honda Aircraft’s designated facility. Identification of the method of shipment is Customer’s responsibility. Unless Customer provides clear instructions with the order, method of shipment will be at Honda Aircraft’s discretion. Honda Aircraft will use commercially reasonable efforts to avoid or minimize any delay in delivery. Customer order may only be modified or cancelled if agreed upon in writing by Honda Aircraft. Customer will be responsible for any modification or cancellation fees, including but not limited to, supplier, material, tooling, production, transportation, or administration costs.

      Customer is responsible for any shipping, packaging, handling, insurance, and temporary storage charges related to the transport of Products. Any prepayment by Honda Aircraft of such transportation related charges will be passed on to customer for immediate payment. All risk shall pass to the Customer in accordance with the Incoterm specified on transaction, title of Product passes to the Customer at the same time. By accepting Products from the freight carrier, Customer agrees that Products were delivered free of damage or defect caused by transport. Customer should notify Honda Aircraft in writing of any damage immediately upon receipt and make the appropriate claims with the freight carrier.

      Honda Aircraft will include documentation in each shipment, which may include a packing sheet, commercial invoice, SDS, FAA Form 8130, conformity statements, or other certifications as applicable. Any Customer specific documentation requirements, other than a packing sheet and/or conformity statement, must be identified and transmitted with the order and agreed to by Honda Aircraft. Customer shall notify Honda Aircraft in writing of any shortages or lack of conformity (whether Product or documentation) within two (2) calendar days after receipt of Products or Services. After this date, the Products and Services shall be deemed satisfactorily accepted by the Customer. Any shortages or lack of conformity, which should reasonably have been discovered by the Customer upon receipt, shall not warrant a claim against Honda Aircraft. If duplicate documentation is required after the two (2) calendar day period has expired, Customer may be required to return Product(s) in their original, unopened condition with all documentation at their own expense in addition to any applicable fees that may apply.

  7. RETURNS
    1. Customer may submit a written request which Honda Aircraft may accept at its sole discretion for the return of Products. If the request is accepted, Honda Aircraft will provide a Return Material Authorization (RMA) approval number. Customer will be responsible to ship approved Product(s), along with RMA approval and original certificates and/or traceability documentation, within three (3) business days from receipt of RMA approval. Customer shall notify Honda Aircraft of the return BOL/Airway bill.

      Customer will adequately package and label Products for safe transport and comply with all applicable laws and regulations. Any Product damaged during return shipment is Customer’s responsibility. Returns to be made to: Honda Aircraft Company, Attn: Service Parts Returns, 6420 Ballinger Road, Greensboro, NC 27410, USA.

      Cores
      Exchange transactions will require that cores be returned within fifteen (15) calendar days of Customer receipt of the exchange Product. Eligible cores must be from the same manufacturer and same dash number (current configuration) as the exchange Product purchased. Other configurations may be acceptable, but must be pre-approved by Honda Aircraft. Cores must be accompanied by a removal tag identifying component details, life status, and nature of defect. When relevant, historical service records must also be provided. All cores must be returned using the Honda Aircraft provided return shipping label. If core and all required documentation have not been returned within fifteen (15) calendar days, a core invoice will be issued. If core is returned after the issuance of the core invoice, a 20% reduction in the core credit will be applied for each seven (7) calendar days past due until core is returned. If core return is rejected by the repair station for any reason other than normal operating use, a core fee may be invoiced to the Customer.

      Rental Part Transactions
      Rental transactions will require Product to be returned within ten (10) calendar days after Customer receives their repaired or overhauled Product. If rental is not returned within ten (10) calendar days of returned unit receipt, additional rental fees of two (2) times the standard rental rate will be assessed until returned. No partial or pro-rated credit will be issued for late returns.

      Reusable Containers
      If a Product is received in a re-useable container, the returned Product should be returned in the same container. If Product is not returned in the same container, an invoice will be issued for the replacement cost of a new container in addition to an administrative fee not to exceed $500 USD.

      Unused Products
      If Product was invoiced within the previous thirty (30) calendar days, Customer may submit a written request for the return of unused Products.

      Upon receipt of returned Products, Honda Aircraft will determine final acceptance only if all the following conditions are met: (i) Products are returned within the prescribed timeframe; and, (ii) Products are unused, undamaged, and in original packaging with all original documentation that accompanied Product(s). If accepted by Honda Aircraft, Customer shall be credited for such Returned Products for the original invoiced value with a deduction of a 20% re-stocking fee; minimum $100 USD and maximum $8,000 USD. Products returned without appropriate documentation are subject to an additional 10% re-stocking fee if Product is deemed acceptable by Honda Aircraft to return to inventory. Applicable re-certification fees may apply and are not considered part of the re-stock fee. Packing, crating, expediting, shipping charges, or other administrative fees will not be credited. Products received and not meeting the above conditions may be rejected and held for Customer disposition. If Customer does not respond within thirty (30) calendar days, rejected Products will be considered abandoned and will be dispositioned at Honda Aircraft’s sole discretion. Consumables, hazardous material, standard hardware, or any Products with shelf-life or calendar life limits will not be considered for return.

  8. WARRANTY & PROGRAMS
    1. New or exchange Products supplied by Honda Aircraft are generally warranted to be free from defects in workmanship and/or materials for a period of one (1) year or five hundred (500) flight hours, whichever occurs first, from the date of delivery to the Customer.

      Services provided by Honda Aircraft, or any third party subcontracted by Honda Aircraft, are warranted for material and workmanship warranties on efforts conducted as part of the Service, for a period of six (6) months or two hundred fifty (250) flight hours from the date Services were provided, whichever occurs first.

      In the event that the Product or Services are warranted by a supplier or any third party subcontracted by Honda Aircraft for less than the period listed above, the lesser warranty period shall prevail. Honda Aircraft’s obligation under this warranty is solely limited to replacing or repairing Products shown to be defective in either workmanship or materials. Honda Aircraft shall have the sole discretion to either repair or replace such Product or Services.

      EXCEPT AS SPECIFIALLY SET FORTH HEREIN, ALL PRODUCTS AND SERVICES PROVIDED HEREUNDER ARE PROVIDED ON AN “AS-IS” BASIS. THIS DISCLAIMER OF WARRANTIES CONSTITUTES AN ESSSENTIAL PART OF THIS AGREEMENT.

  9. LIABILITY
      1. HONDA AIRCRAFT MAKES NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED HEREIN AND NONE SHALL BE IMPLIED.
      2. HONDA AIRCRAFT SHALL IN NO EVENT BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, OR ON ANY OTHER BASIS, FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, TREBLE OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF INVESTMENT, INDEBTEDNESS, LOSS OF FINANCING, LOSS OF SALES OR PROFITS, OR BUSINESS INTERRUPTION, DISCONTINUATION, OR TERMINATION SUSTAINED BY CUSTOMER, OR BY ANY PERSON DEALING WITH CUSTOMER, IN CONNECTION WITH THE PRODUCTS AND SERVICES, AND CUSTOMER SPECIFICALLY WAIVES ANY SUCH CLAIMS OR CAUSES OF ACTION CUSTOMER MAY PURPORT TO HAVE. HONDA AIRCRAFT’S LIABILITY FOR ANY CLAIM OF ANY KIND (INCLUDING, WITHOUT LIMITATION, CLAIMS BASED UPON ANY EXPRESS WARRANTY CONTAINED HEREIN AND CLAIMS BASED UPON ANY WARRANTY IMPLIED BY LAW), SHALL BE LIMITED, AT HONDA AIRCRAFT’S OPTION, TO REPLACEMENT OR REPAIR OF THE PRODUCTS REPEAT OF THE SERVICES, OR THE RETURN TO CUSTOMER OF THE PRICE PAID, AND CUSTOMER EXPRESSLY WAIVES ANY RIGHT IT MIGHT HAVE TO ANY OTHER MEASURE OF DAMAGES, STATUTORY OR OTHERWISE.
      3. All warranty disclaimers contained herein are intended to comply with applicable law and shall be enforced to the fullest extent possible under applicable law. To the extent that any warranty disclaimer is deemed invalid under any law which may be applied, any related non-disclaimable warranties, whether express or implied, shall be limited in duration to a period of six (6) months.
      4. The warranties set forth herein are made only to Customer and shall not be assigned or inure to the benefit of any assignee or successor in interest of Customer.
      Any action for breach of these General Terms and Conditions or for breach of any warranty, express or implied, of HONDA AIRCRAFT shall be commenced within one (1) year from the date of delivery; provided that any action for a breach of the product warranty expressly provided in these terms and conditions shall be commenced in accordance with the warranty provisions.

  10. FORCE MAJEURE
    1. Honda Aircraft will not be liable for any failure to fulfill an obligation under the agreement with the Customer if it is prevented in whole or in part from carrying out such obligations as a result of a cause beyond its reasonable control, including, but not limited to, any strike; act of God, lightning, storm, flood, fire, earthquake or explosion; act of public enemy, war, blockade, revolution, insurrection, civil commotion; any action, inaction, demand, order, restraint, restriction, requirement, prevention, frustration or hindrance by or of any person, government or other competent authority; or embargo, unavailability of essential equipment, or other material or lack of transportation, each being an event of force majeure. When Honda Aircraft is prevented from carrying out its obligations as a result of an event of force majeure Honda will promptly notify the Customer accordingly.

  11. U.S. AND INTERNATIONAL TRADE CONTROL LAWS AND REGULATIONS
    1. The Customer acknowledges that some of the Products and/or Services may be subject to import/export laws and regulations such as laws and regulations issued by the U.S. Department of State International Traffic in Arms Regulations (ITAR), U.S. Department of Commerce Export Administration Regulations (EAR), and various regulations promulgated by the Office of Foreign Assets Control (“OFAC”), 31 C.F.R. Parts 500 et seq. or any other trade control regulations from any other country. The Customer will comply with all import and export laws and administrative requirements, including the payment of all associated duties, taxes and fees, maintain proper classification of Products and/or Services and obtaining proper classification of Products and/or Services and obtaining proper authorization from the U.S. Government Agency that has jurisdiction for import/export/retransfer/reexport of aircraft and/or Products and/or Services, obtaining proper authorization for retransfer of aircraft and or Products, if applicable, and all applicable laws, regulations, certifications and registrations associated with the import or export of Customer’s aircraft, including but not limited to any applicable licensing requirements. The Customer acknowledges that diversion contrary to such import/export laws and regulations is prohibited. The Customer further acknowledges that such Import/Export requirements apply to the Products even after the Products have been physically removed or transferred from the United States and that the terms “export” and “reexport” include temporary sojourn of Products across national borders, even when there is no change in ownership or control of the Product. The Customer expressly agrees not to, and will not permit others to: (1) export, import, retransfer or reexport Products and/or Services to a country subject to export sanctions or designated as supporting terrorism pursuant to the Import/Export Restrictions (a “Proscribed Country”); (2) export, import, retransfer or reexport the Products and/or Services to, or use the Products in any manner to support or benefit, the government of, or a person or entity located or organized in, a Proscribed Country; or (3) export, import, retransfer or reexport the Products and/or Services to, or use the Products and/or Services in any manner to support or benefit, a person or entity identified on any list of denied or specially designated parties pursuant to the Import/Export regulations. Honda Aircraft is not obligated to proceed, and is excused under these terms and conditions from proceeding, with any transaction or conduct that it reasonably believes would result in a violation by Honda Aircraft or the Customer of the Trade Compliance Regulations. The Customer warrants that it will not import/export/retransfer/reexport or otherwise transmit or use any Product and/or Services or information relating to any Product and/or Services subject to import/export laws and regulations except if in full compliance with applicable laws and regulations.

  12. NON WAIVER
    1. Honda Aircraft’s failure to insist upon the strict performance of these General Terms and Conditions of Sale contained herein shall not be deemed a waiver of any of Honda Aircraft rights or remedies hereunder, nor of its right to insist upon the strict performance of the same or any other term herein in the future. No waiver of any Term and Conditions hereunder shall be valid unless in writing and signed by Honda Aircraft.

  13. CONFIDENTIALITY
    1. Unless otherwise expressly stipulated in writing, no information provided to Honda Aircraft in connection with orders shall be regarded as confidential, unless their confidential nature is obvious. Personal data in relation to the contractual relationship may be stored by Honda Aircraft and may be transferred to companies associated with Honda Aircraft. The information and data of any nature (hereafter the “information”) contained in any document including quotations or support of information supplied by Honda Aircraft shall remain Honda Aircraft’s exclusive property along with all intellectual property rights (including but not limited to patent rights, copyrights, trademarks, designs) attached thereto. Therefore, no right, title or interest relating to the Products and/or Services is transferred to the Customer. The Customer warrants Honda Aircraft that its employees, agents shall not disclose said information except as may be necessary for the performance of the order or contract nor make any use of the Information other than for the purpose of the order or contract. Honda Aircraft retains and shall retain full ownership of all inventions, designs and processes made prior to or during the course of performance of any contract resulting there from. Customer shall indemnify and hold Honda Aircraft harmless from liabilities or losses suffered by Honda Aircraft or its subcontractors as a result of any disclosure to third parties in violation of this article or any other improper use of such information.

  14. SEVERABILITY
    1. Should any paragraph, term, provision or phrase of these General Terms and Conditions of Products and Services be determined by a court to be unenforceable, the remaining paragraphs, terms, provisions and phrases shall remain enforceable and valid, the same having been deemed severed from those which cannot be enforced.

  15. CHOICE OF LAW; VENUE; ARBITRATION
    1. These Terms and Conditions, any Purchase Order, and performance hereunder as to all matters, including, without limitation, its interpretation, construction, effect and remedies, shall in all respects be governed exclusively by the substantive laws of the State of North Carolina, United States of America, without regard to its conflicts of law rules. Additionally, the Parties hereto agree that the U.N. Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to these General Terms and Conditions.

      All disputes arising in connection with or related to these General Terms and Conditions shall be brought exclusively in the a state court having jurisdiction in Guilford County, North Carolina or a federal court in the Middle District of North Carolina, each of which shall have exclusive jurisdiction over such disputes. Each party consents to the exclusive personal and subject matter jurisdiction of such courts for said purposes and waives any defense with respect to any such action based upon forum non conveniens or lack of personal or subject matter jurisdiction.

      Any controversy, claim, or dispute (including, without limitation, interpretation of these Terms and Conditions of Products and Services) arising out of or related to these General Terms and Conditions of Products and Services, or the purchase of Products or Services hereunder, shall be settled exclusively by binding arbitration in Guilford County, North Carolina, in accordance to the Commercial Rules of the American Arbitration Association, and judgment upon any award rendered in such proceedings may be entered by any court having jurisdiction thereof.

 

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